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A common usage of maintenance in a business context refers to facilities maintenance services, including general upkeep, troubleshooting and repair of buildings and their related equipment (heating, cooling, plumbing, etc.). However, maintenance services can also refer to computer infrastructure maintenance, vehicle maintenance or other types of specialized maintenance. Whatever type of maintenance services your company provides or needs, knowing how to write a maintenance contract to govern the service provider/client relationship is a key to ensuring that both service providers and clients fully understand their rights and responsibilities in the arrangement.

1.

Draw up a section for official definitions at the beginning of the contract. Define the two parties to the agreement -- the service provider and client -- by listing each company's full legal names. Define any ambiguous terms you intend to use throughout the contract, such as "the work," "contract year" and "the technician."

2.

Lay out the maintenance services to be performed early in the contract. Go into detail in this section and list as wide a range of services as you can. If the contract deals with facilities maintenance, for example, specify that the services include painting, plumbing, electrical work, installing fixtures and troubleshooting minor elevator problems. If a contract dispute arises regarding a specific type of service not set forth in the contract, you may find the contract less helpful in court. Consider revisiting and revising this portion of the contract before renewing it to ensure that the contract includes the full range of tasks performed.

3.

Discuss the compensation structure agreed upon for services. If you are drawing up a contract with an independent maintenance contractor, specify the hourly rate to be paid, the methods to be used to make payments and any additional compensation provisions. If you are dealing with a larger service provider, include all provisions that both parties have agreed upon in terms of compensation policies in the contract, including credit terms and price discounts for early payment in full.

4.

Draft a section discussing any warranties or promises made by either party. Warranties can be as simple as a guarantee that both parties will continue to comply with all legal statutes throughout the life of the relationship, or they can be as complex as money-back guarantees for time spent performing work the client is dissatisfied with.

5.

Set forth guidelines for handling legal disputes. Consider requiring professional arbitration or mediation in contract disputes to avoid dragging both companies through the legal system. Include indemnity clauses, which specify exactly what each party agrees that the other party can and cannot be held liable for.

6.

Include provisions for terminating the contract. You may decide, for example, to include a clause stating that the contract is automatically considered null and void in the event that either party is convicted of fraud or other specified criminal acts. As another example, you may stipulate that any breach of the contractual agreement by one party can result in a termination of the agreement with no liability on the part of the other party, if the other party notifies the breaching party in writing of their intent to end the relationship.

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About the Author

David Ingram has written for multiple publications since 2009, including "The Houston Chronicle" and online at Business.com. As a small-business owner, Ingram regularly confronts modern issues in management, marketing, finance and business law. He has earned a Bachelor of Arts in management from Walsh University.